State still fighting Bernards over police chief's buyout

BERNARDS — A state Appellate Court ruled recently that it would not make a decision in the state's case against Bernards over the buyout costs of a former police chief until the state decided how much money it was actually trying to recoup from the town, the Bernardsville News reported.

In December 2008, the township agreed to pay former Police Chief Dennis Mott the $61,303 he needed to add two years and two months of pension time for military service he previously served in exchange for stepping down from his position, The Star-Ledger reported at the time.

Active members of the Public Employees' Retirement System, Teachers' Pension and Annuity Fund and Police and Firemen's Retirement System in New Jersey are allowed to buy additional service credit to boost their pensions, and some veterans are also eligible to purchase an additional five years of military service during periods of war up to 15 years.

With that extra time, it raised his service to a total of 25 years, and raised his pension from 50 to 65 percent of his final salary.

But in 2009, the state Police and Firemen's Retirement System ordered Bernards to pay $237,620 in pension liability the state said it was unfairly burdened with as part of the agreement, "plus costs," which were never identified, the Bernardsville News reported.

While the township appealed to an administrative law judge and then eventually the state Appellate Court, the case was sent back down to the lower court May 24 for the state to clarify its "plus costs" requirement, the report said.

Bernards Township was also one of several municipalities highlighted in a 2009 state Commission of Investigation report for paying more than $390,000 in unused sick days to five police officers between 2005 and 2009, including more than $100,000 to Mott for 217 sick days at the time of his retirement, The Star-Ledger reported.